THE SLOWNESS OF THE JUDICIARY AND ITS IMPLICATIONS IN THE ADOPTION PROCESS IN BRAZIL

Abstract

The slowness of the Brazilian Judiciary has proven to be one of the main obstacles to the realization of the right to family life of thousands of children and adolescents in institutional care. The main objective of this article is to analyze the impacts of slow proceedings in the processing of adoption actions, relating this phenomenon to state inefficiency and the violation of fundamental principles, such as the best interest of the child, full protection and reasonable duration of the process. The methodology used was based on bibliographic and documentary research, based on scientific articles, specific legislation, official data extracted from the National Adoption and Foster Care System (SNA) and relevant judicial decisions, allowing a critical and interdisciplinary approach to the subject. The results indicate that, despite the legislative advances with the enactment of Laws No. 12,010/2009 and No. 13,509/2017 — which sought to optimize and reduce the deadlines in adoption procedures — there is still a scenario of excessive bureaucracy, deficiencies in the structure of the Childhood and Youth Courts, and lack of technical teams to analyze adoption applicants. Such a situation generates not only unjustifiable delays, but also affective and social frustrations for both the applicants and the minors fostered. The conclusion of the study reinforces the urgent need for institutional restructuring, continued training of legal operators and effective compliance with current rules, ensuring that adoption is a fast, safe instrument aimed at building permanent affective bonds, ensuring the full development of children and adolescents.